Bill No.: HB0029                  Drafter:  JHR

LSO No.:  11LSO-0161              Effective Date:  7/1/2011

Enrolled Act No.:  HEA0093

Chapter No.:       178

Prime Sponsor:     Representative Gingery

Catch Title:       DUI-elimination of right to refuse test.

Subject:  Elimination of the "implied consent law" and the right to refuse chemical tests to determine whether a person was driving while under the influence of alcohol or a controlled substance.

Summary/Major Elements:

● Provides that a person under arrest for driving under the influence of alcohol or a controlled substance who refuses a chemical test shall still be required to submit to a chemical test upon issuance of a search warrant.

● Creates a "remotely communicated search warrant" which may be issued upon sworn or affirmed testimony of the peace officer who is not in the physical presence of the judicial officer. For issuance of a "remotely communicated search warrant":

o The judicial officer must be satisfied that probable cause exists for issuance of the remotely communicated search warrant;

o All communication between the judicial officer and the peace officer or prosecuting attorney must be recorded;

o The judicial officer may direct the peace officer or prosecuting attorney requesting the remotely communicated search warrant to sign the judicial officer's name on a warrant from a remote location.

● A remotely communicated search warrant shall only be valid to administer a chemical tests to determine whether a person was driving while under the influence of alcohol or a controlled substance after the person refuses the test.

● Results from chemical tests to determine blood-alcohol or controlled substance levels shall only be used to determine whether the person was driving under the influence of alcohol or controlled substances.

● Repeals the administrative penalties for refusing to submit to a chemical tests to determine whether a person was driving while under the influence of alcohol or a controlled substance, except for suspension of a commercial driver's license.

● Makes conforming amendments relating to the repeal of the right to refuse a test.